In 2017, the local Amnesty group in Maastricht, together with, among others, a branch of the International Socialists, organized two demonstrations against the threatened deportation of an Afghan family. They were imposed several restrictions by the Maastricht municipality. For example, the organizers were prohibited from making offensive statements, flyering during the demonstration, and were required to hire their own certified traffic controllers.
PILP initiated proceedings on behalf of the coalition for a restriction on the right to demonstrate. PILP was supported in the case by attorney Alexander IJkelenstam of CMS.
During the objection phase, the municipality ruled that making shocking or offensive statements should not be prohibited prior to demonstrations. This condition was then also removed. Because the other contested conditions remained in place, PILP appealed on behalf of the coalition.
On this, the court struck down the flyer ban imposed by the municipality. After all, flyering during a demonstration is a way for demonstrators to make their opinions known to the public. Therefore, it is an essential part of the right to demonstrate.
Although the court assumed that regulating traffic is a government task, according to the court there was no objection to requiring organizers to arrange for their own certified traffic controllers – potentially up to hundreds of dollars. This constitutes a barrier to the exercise of the right to demonstrate. We therefore appealed on this point. The Council of State ruled in favor of our clients that municipalities may not simply demand that organizers of demonstrations have to hire their own certified traffic controllers.
